Terms and Conditions

PSTN, ISDN2e and ISDN30 Terms and Conditions

Download PDF: PSTN, ISDN2e and ISND30 T&C’s

1. Definitions

“TSI” means Telephone Systems Installations Limited whose registered office is at 151 Business Design Centre, Upper Street, London, N1 0QH. Registered in England and Wales with Company Registration Number: 3406791 and VAT Number: GB701 9866 25. TSI and TSI Voice & Data are trading names of Telephone Systems Installations Ltd.

“Customer” means the business that places the order and uses the services.

“Service” means the installation, connection and supply of a PSTN, ISDN2e or ISDN30 fixed line service.

“Telephone Line” means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Site as notified by the Customer to TSI.

“Agreement” means these Terms, together with the order form.

“Third Party” means any company that TSI may use to deliver the Service

“Commencement Date” means the date when the Service is activated at the site.

“Consumer” means a person who enters into a contract other than in the course of a business.

“Customer Equipment” means the apparatus belonging to the customer not forming part of the TSI Equipment but which may be connected to the TSI Equipment.

“Sales Quote” means the Sales Quotation provided in advance of an order to detail prices.

“Order form” means the TSI Broadband Order Form, written customer order or e-mailed customer order.

“TSI Price List” means the TSI price list in force from time to time and available on the TSI website at www.tsicomms.co.uk

“TSI Equipment” means any apparatus or equipment provided by TSI or any Third Party to the customer at the Site to enable provision of the Service under this Agreement.

“Site” means the Customer address where the Service is to be received

“BT Distribution Point” means Network Termination Point as defined in clause 8.

2. Commencement and Duration

2.1. This Agreement will commence on the Commencement Date and shall continue for an initial Minimum Term as agreed in the Sales Quote or Order Form.

3. Provisions of the Service

3.1. This agreement covers the provision by TSI to you of our telecommunication services. We may vary these Terms and Conditions at our discretion and at any time by giving you not less than 42 calendar days written notice in advance inclusive of the date of posting. If you have subscribed to TSI broadband, a separate agreement covers the terms.

3.2. Our service to you includes:

3.2.1. installation or takeover and rental of a fixed telephone line;

3.2.2. the facility to make or receive phone calls including the ability to send or receive information for example, from computers using your telephone line;

3.2.3. any other facilities such as caller display that we agree to give you; and

3.2.4. one phone number for each fixed telephone line that you rent from us, which we will publish (with your details) in your local BT Phone Book and make available on Directory Enquiries Service if requested

4. When the service starts

4.1. For new line installations, we will agree a date with you for installation. If you cancel any appointment for the installation of your service after 12.00pm on the day before we agree to install your telephone line, you may be liable to pay a missed appointment charge. We will begin the service once any work we need to do is completed on that date (service start date). For line transfers, we will normally transfer the line from your current provider within ten working days. The time taken to port numbers from some other networks varies.

5. How we provide the Services to you

5.1. TSI provides services via WLR and/or a Third Party. WLR means that TSI will bill you for line rental of your Openreach line and Openreach will continue to maintain your line from the exchange to your premises and fix any faults that may occur.

5.2. You acknowledge that in order to avoid delays occurring in the ordering process, TSI will need to be notified by Openreach of any products or services presently in use on your line that are incompatible with the WLR or NGN service. BT or other network providers are under a strict duty not to disclose information about a customer’s telephone services to a third party unless the customer has consented to such disclosure. In entering into this agreement you give consent to BT or other network providers to disclose such information to TSI. You also give TSI authority to act as your agent to arrange connection onto TSI services. If TSI is unable to take over the billing of your line rental, for whatever reason, you hereby authorise us to carry your phone calls only through CPS (see Clause 7).

6. Telephone Numbers

6.1. The Customer does not own any number or have the right to sell the number(s) related to the Service.

6.2. Numbers are not guaranteed until installation

7. Carrier pre-selection (CPS)

7.1. CPS is the routing of your services through a carrier other than BTTM. Your phone line(s) are still maintained by Openreach engineers but the calls are carried on another network. We may select and at any time change any carrier or other service provider for the purposes of providing the CPS. You hereby irrevocably authorise us to give all notices, nominations and other authorisations necessary for us to provide the CPS service.

8. Network Termination Point (NTP)

8.1. The demarcation point or Network Termination Point (NTP) is the end of the Openreach network. It is the point at which Openreach can test to see whether the line is working and to which the end users can connect their wiring and equipment.

8.2. The Network Termination Point will comprise one of the following:

8.2.1. an external Network Termination Equipment (NTE); or

8.2.2. a single or multi-line internal NTE (there are different types but the NTE5a is the standard used in most homes and businesses and the most commonly referred to); or

8.2.3. a single or multi-line termination box (Distribution Point), sometimes this is also referred to as a Network Test and Termination Point (NTTP); or

8.2.4. a frame; or

8.2.5. a temporary capacitor (occasionally used on new build sites as a temporary measure until service is required).

8.3. The NTP will be located at the end user’s premises as set out below:

8.3.1. At the point at which the network cable arrives on the exterior of the premises but no higher than 1.5m above ground level; or

8.3.2. An agreed point up to a maximum of one hour’s work for WLR3 Basic, MPF and SLU-MPF or two hours’ work for WLR3 Premium from the point the line has been connected to the premises and the engineer commences work within the end user’s premises after having previously agreed the location of the NTP with the end user. If the Customer has stated a Required Location for BT Distribution Point in section 3 it is the Customer’s onsite representatives responsibility to ensure that the engineer complies with this agreed point.

8.4. Where further wiring is required to meet the end user’s preferred NTP location exceeding the times specified above, this can be ordered from TSI Voice & Data on a Time Related Charges basis.

8.5. Flexible Demarcation applies to the provision of new lines only. No retrospective changes will be made to the NTP of existing lines, other than where judged necessary for engineering reasons when an engineer is called out to repair, convert or relocate a line.

9. Termination

9.1. The Agreement will have the Minimum Term duration specified in the Sales Quote and, for multi Sites, is applicable on an individual Site-by-Site basis and the contract will then continue for the initial minimum term stipulated within the Sales Quote. For the avoidance of doubt, if not specified on the Sales Quote, the initial minimum term of contract is twenty-four (24) months. At the end of the initial minimum term, the contract will automatically renew for a further period of thirty (30) days, on a rolling thirty (30) day basis, unless we receive prior notice from you giving a minimum of thirty (30) days written notice of your wish to terminate the Service. Such termination is not to take place earlier than the expiry of the current term or renewed term.

9.2. If the agreement is terminated without notice you will:

9.2.1. Immediately pay any outstanding invoices and rental charges for the remaining period of the contract.

9.2.2. Reimburse TSI for any costs paid by TSI towards the cost of releasing you from your contractual obligations with BT or any other network provider prior to transferring TSI’s service (if applicable)

9.2.3. Reimburse TSI for the cost of any equipment provided free of charge (if applicable)

9.2.4. Pay us (in addition to clauses 9.2.1 and 9.2.2) a minimum disconnection fee of 1 (one) month’s rental should you terminate your contract without notice or in breach of 9.1.

9.3. Either party may terminate this Agreement or the Service provided under it immediately, on notice, if the other:

9.3.1. commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within 15 days of a written notice to do so;

9.3.2. commits a material breach of this Contract which cannot be remedied;

9.3.3. is repeatedly in breach of this Contract; or

9.3.4. is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.

9.4. TSI may terminate this Agreement immediately upon written notice to the Customer if:

9.4.1. TSI is informed a Third Party supporting the Service that the Third Party is required to cease the Service by a competent regulatory authority; or

9.4.2. A Third Party supporting the Service ceases to do so for whatever reason or changes the terms its provision of telecommunications services to TSI for the Service beyond the reasonable control of TSI;

9.4.3. the Customer fails to comply with any of the material terms or conditions of the Agreement and the Customer does not remedy such failure within 15 days of a request to do so.

9.5. Upon termination of this Agreement to Customer shall immediately stop using the Service and the Customer right to use the Service shall immediately terminate.

9.6. If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

10. Charges

10.1. The charges for the Service will be calculated in accordance with the TSI Sales Quote and TSI Price List. Charging will begin on the Commencement Date for the Service. Charges will be calculated in accordance with details recorded by, or on behalf of, TSI

10.2. Charges are calculated from data recorded by us and not from your own records.

10.3. The Customer will pay the charges within 14 days of the date of TSI’s invoice. TSI may charge daily interest on late payments at a rate equal to 4% per annum above the base-lending rate of the Bank of England and/ or a £15 administration fee is applicable to late payments.

10.4. Where a direct debit is unpaid due to insufficient funds or cancellation, a £6.84 administration charge will be included on your next monthly bill.

10.5. A Charge of £6.84 may be charged for restricting outgoing calls due to late payment of an invoice. A charge of up to £20 will be added to your next bill to reinstate services suspended due to continued non-payment of and invoice. We may lower our prices and will endeavour to inform you at least 14 days in advance of any such change. If, during the first 12 months of this agreement, we are forced to increase our call charges to an extent greater than the increase in the Retail Price Index for the relevant period, you may end this agreement without paying the disconnection fee and transfer to your chosen provider.

10.5.1. All TSI charges are subject to VAT at the prevailing rate (currently 20.0%).

10.5.2. Line rental, service charges and call packages are billed one month in advance.

10.5.3. TSI will charge £109.99 + VAT to reinstate lines that have been ceased due to non-payment.

10.5.4. TSI may also make an additional charge (on the basis of additional charges detailed in the TSI Price List), on its own behalf or on behalf of BT or Gamma in the following circumstances: –

10.6. an abortive visit charge may be incurred where incorrect information supplied by the Customers means it is technically impractical to provide the line;

10.7. where TSI or s Third Party are unable to gain access to the Site to carry out installation of the Service or the installation is aborted an abortive visit charge may be payable;

10.8. where certain order information provided by the Customer is illegible, inaccurate or incomplete an administration fee will be charged;

10.9. where TSI or a Third Party provide the support to the Customer outside its normal support times in supply of the Service;

10.10. Prices quoted are dependent on payment by Direct Debit and will not commence until a Direct Debit Instruction is received; alternative prices, which may be higher, may be charged until a Direct Debit Instruction is received.

11. Pricing conditions

11.1. Local & National calls are numbers beginning 01, 02 and 03 only and do not include Non-geographic numbers (0845, 0870 etc), premium rate numbers (09xx) and Internet access numbers.

11.2. Mobile call rates refer to calls to EE (T-Mobile, Orange), Vodafone, O2 and 3 only.

11.3. International rates charged under the calling card package are billed per minute.

11.4. Connection charges, where applicable, are applied to all calls unless they are part of an inclusive call package or call to free-phone numbers. A full TSI price list is available on request.

12. Customer Obligations

12.1. TSI agree to provide you with the service as specified on the Order Form subject to the provisions of this agreement. Any breach of your responsibilities may result in the suspension or termination of your service without notice. You agree:

12.1.1. To use the services in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services.

12.1.2. Not to allow an alternative supplier to override or bypass our service either through the installation of equipment or through the Openreach local exchange.

12.1.3. To be responsible for ensuring contract termination with any previous supplier and paying any costs incurred due to breach of an existing supplier contract.

12.1.4. To be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier.

12.1.5. Not to use the service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence.

13. Repairs to service

13.1. Openreach will maintain your line and will continue to fix any faults that may occur. If you have broadband on the line, other network providers may have to repair faults at the exchange level. We will use our best endeavours to correct any defect or fault in the services provided to you as rapidly as possible. Technical support is available on 0333 015 3333 or support@tiscomms.co.uk

13.2. TSI reserves the right to apply £170 + VAT engineering call out charge if a fault is found to be on your own equipment or caused by accidental damage. Additional time related charges and replacement equipment costs may also be added.

13.3. Care Level 2 (included as standard in line rental): Openreach aim to clear by 23.59 next day, Monday to Saturday, excluding Public and Bank Holidays. For example, report Tuesday, clear Wednesday

13.4. Care Level 3: Report 13.00, Openreach aim to clear by 23.59 same day. Report after 13.00 clear by 12.59 next day, seven days a week, including Public and Bank Holiday

13.5. Care Level 4: Openreach aim to clear within 6 hours, any time of day, any day of the year.

14. Suspension of service

14.1. We may suspend the service (without being liable to compensate you):

14.2. In the event of a local or national emergency.

14.3. To comply with a request from a government or other competent authority.

14.4. To protect or provide service to rescue or other essential services or otherwise.

14.5. To maintain the quality of our services.

14.6. If we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice).

14.7. If an event occurs which is beyond our reasonable control.

14.8. If you break any part of this agreement.

14.9. If we have good reason to suspect fraudulent activity or misuse of our services or any other breach by you of this agreement.

15. Customer Requirements

15.1. To allow the installation and use of the TSI Equipment at the Site, the Customer will at the Customer’s own expense:

15.1.1. obtain all necessary consents, including consents for any necessary alterations to buildings;

15.1.2. take up or remove, any fitted or fixed door coverings, ceiling tiles, suspended ceiling or partition covers, as TSI or a Third Party advises are necessary, and carry out afterwards any making good or decorator’s work required; and

15.1.2.1. provide any electricity and connection points required by TSI or a Third Party.

15.1.3. The criteria above must be completed in advance of any installation work.

15.2. The TSI Equipment shall remain the property of TSI or the supplier of such equipment (including a Third Party) and the customer shall at all times make clear to third parties that the same is the property of TSI or a third party supplier of such equipment. TSI may modify, substitute, renew or add to the TSI Equipment from time to time at its absolute discretion.

15.3. TSI shall supply the Customer with the relevant information to enable the Customer suitably to prepare the Site for delivery and installation of the TSI Equipment. The Customer shall at their own expense provide suitable accommodation, assistance, facilities and environmental conditions for the TSI Equipment and all necessary electrical and other installations and fittings.

15.4. A secure electricity supply is required at the Premises for the installation, operation and maintenance of the TSI Equipment at such points and with such connections as specified by TSI. Unless otherwise agreed, this power supply is to be provided by the Customer. TSI shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.

15.5. The Customer is responsible for the TSI Equipment and must not add to, modify or in any way interfere with it nor allow anyone else (other than someone authorised by TSI) to do so. The Customer will be liable to TSI for any loss of or damage to the TSI Equipment, except where such loss or damage is due to fair wear and tear or is caused by TSI, or anyone acting on TSI’s behalf.

15.6. Any Customer Equipment connected to or used with the Service must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment.

15.7. Any equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards.

15.8. To enable TSI out carry out its obligations under this Agreement, the Customer will at all reasonable times provide TSI employees, and anyone acting on TSIs behalf including a Third Party, who produces a valid identity card, with access to any Site and any other premises outside of TSI’s control. TSI will normally only require access during its usual working hours but may, on reasonable notice, require the Customer to provide access at other times. TSI may agree to work outside its usual working hours, but the Customer must pay TSI’s additional charges for doing so as detailed in Clauses and the TSI Price List.

15.9. If through no fault of TSI, TSI is unable to carry out an installation at, or gain access to, the Site or the installation is aborted, TSI will notify the Customer Nominated Contact and may raise an abortive visit charge.

15.10. The Customer hereby irrevocably gives permission to TSI or a Third Party and its employees, agents or contractors to:

15.10.1. execute any works on the Premises for, or in connection with, the installation, maintenance, or removal of the TSI Equipment;

15.10.2. keep and operate telecommunication apparatus installed on, under or over the premises;

15.10.3. enter the Premises to inspect any telecommunication apparatus kept on, the Site or elsewhere for the purposes of providing the Service. Where this Agreement or the Service is terminated for any reason TSI or a Third Party will be entitled to enter the Site to remove the TSI Equipment installed there.

15.11. The Customer undertakes: –

15.11.1. to comply with all instruction TSI may notify to the Customer for use of the TSI Equipment;

15.11.2. not to allow the TSI equipment to be repaired or maintained other than by an authorised representative of TSI;

15.11.3. not to damage the TSI Equipment and not to add, modify or in any way interfere with the TSI Equipment;

15.11.4. not to attempt to sell the TSI Equipment;

15.11.5. not to remove any identification mark affixed to the TSI Equipment showing that it is the property of TSI or other third party supplier of such equipment.

15.12. The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

16. Intellectual Property Rights

16.1. The Customer acknowledges that the Customer shall have no rights to any intellectual property rights arising as a result of any use of the Service.

16.2. Any and all intellectual property rights used or embodied in or in connection with the Service shall be and remain the sole property of TSI or TSI’s licensors. No title or intellectual property rights therein or in any modification or extension thereof shall pass to the Customer unless specifically stated under the Agreement.

16.3. The Customer acknowledges such title, interest and rights and the Customer shall not take any action to jeopardize, limit or interfere in any manner with TSI’s (or any third party suppliers’) title, interests or rights with respect to the Service, including but not limited to, using TSI’s or BT’s or Gamma’s or TelcoSwitch’s trademark or trade name.

16.4. Where software is provided to enable the Customer or to use the Service, TSI grants the Customer, for the duration of this Agreement, a nonexclusive, non-transferable license to use the software for that purpose.

17. Warranties

17.1. The Service will be provided without warranty or representation of any kind, whether express or implied TSI disclaims and excludes all such warranties and representations including without limitation any warranty or representation that the Service is free of defects, of satisfactory quality, fit for a particular purpose or non-infringing of third party rights. The Customer accepts all risks and liabilities associated with the use of the Service.

18. Limitation of Liability

18.1. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

18.2. Neither party shall be liable in contract, tort, precontact or other representations (other than fraudulent or negligent misrepresentations) arising out of or in connection with this Agreement for;

18.2.1. any economic losses (including, without limitation, loss of revenues, profits, contracts, or business); or

18.2.2. any special, indirect or consequential losses or any destruction of data, arising out of or in connection with the provisions of this Agreement.

18.3. Subject to Clauses 18.1 and 18.2 TSI’s liability to the Customer in contract, tort, negligence, pre-contact or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to the charges paid, by the Customer under this Agreement.

18.4. Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

18.5. The customer indemnifies TSI and its suppliers including a Third Party against any claims or damages arising from the Customers access to the use of the Service and any information, data or material produced, transmitted or downloaded on the Service.

19. Force Majeure

19.1. If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control such as lighting, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving the party’s employees), or acts of local or central Government or other Competent authorities or events beyond the reasonable control of that party’s suppliers, the party will have no liability to the other for that failure to perform.

19.2. If any of the events detailed in paragraph 19.1 continue for more than 3 months either party may serve notice on the other terminating this Contract.

20. Confidentiality and Data Protection

20.1. TSI and the Customer agrees to keep all Confidential Information confidential. This clause shall not apply to information that TSI / Customer can prove: Is in the public domain otherwise than by the either parties breach; it already had in its possession prior to obtaining the information directly or indirectly from the Customer; or a third party subsequently disclosed to the Customer free of restrictions on disclosure and use. This Clause shall survive for three (3) years from when TSI / Customer acquired that Confidential Information.

20.2. TSI may disclose Confidential Information if required to do so by law, regulation or rules of a securities exchange or other regulatory authority, but only to the extent of the relevant requirement. The Customer shall promptly inform the Supplier of the requirement and will co-operate with the Supplier in the disclosure.

20.3. The use of any information, including Calling Line Identification, may be subject to the General Data Protection Regulation 2018. TSI reserves the right to withhold Calling Line Identification if it believes that the Customer has failed to comply with this Clause or TSI receives a complaint from any relevant authority.

21. Successors and Assigns

21.1. TSI may, but the Customer shall not (without the prior written consent of TSI such consent not to be unreasonably withheld or delayed), assign or delegate or otherwise deal with all or any of its rights or obligations under the Agreement.

Broadband Terms and Conditions

Download PDF: Broadband T&C’s as PDF

1. Definitions

“TSI” means Telephone Systems Installations Limited whose registered office is at 151 Business Design Centre, Upper Street, London, N1 0QH. Registered in England and Wales with Company Registration Number: 3406791 and VAT Number: GB701 9866 25. TSI and TSI Voice & Data are trading names of Telephone Systems Installations Ltd.

“Customer” means the business that places the order and uses the services.

“Service” means the installation, connection and supply of an ADSL, SoGEA, FTTC (Fibre-To-The-Cabinet), FTTP (Fibre-To-The-Premises) or other broadband service at the Site.

“Telephone Line” means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Site as notified by the Customer to TSI.

“Agreement” means these Terms, together with the order form.

“Third Party” means any company that TSI may use to deliver the Service

“Commencement Date” means the date when the Service is activated at the site.

“Consumer” means a person who enters into a contract other than in the course of a business.

“Customer Equipment” means the apparatus belonging to the customer not forming part of the TSI Equipment but which may be connected to the TSI Equipment.

“Sales Quote” means the Sales Quotation provided in advance of an order to detail prices.

“Order form” means the TSI Broadband Order Form, written customer order or e-mailed customer order.

“TSI Price List” means the TSI price list in force from time to time and available on request

“TSI Equipment” means any apparatus or equipment provided by TSI or any Third Party to the customer at the Site to enable provision of the Service under this Agreement.

“Site” means the Customer address where the Service is to be received

2. Commencement and Duration

2.1. This Agreement will commence on the Commencement Date and shall continue for an initial Minimum Term as agreed in the Sales Quotation or Order Form.

3. Provisions of the Service

3.1. TSI shall provide or procure the provision of the Service to the Customer in accordance with the terms of this Agreement. The Customer acknowledges that it is technically impracticable to provide a fault free service and TSI does not undertake to do so.

3.2. The provision of the Service to the Customer will be subject to the characteristics of the Customers Access Connection and a Third Party may determine that it is not possible to supply the Service over the Customer Access Connection. Where this is the case, TSI will immediately terminate this Agreement, TSI will not be liable to the customer for such termination.

3.3. The Customer acknowledges that during the Installation of the TSI Equipment for the provision of the Service the Customer Access Connection may suffer a temporary loss of telephone service, and /or interference to any other Access Connection services, which shall be reinstated following installation. TSI will not be liable for any loss, interruption or interference during installation. The Customer also acknowledges that any telephone socket extensions that are incorrectly wired may be disconnected during installation, without liability to TSI.

3.4. Occasionally TSI and/or a Third Party may have to interrupt the Service or change the technical specification of the Service for operational reasons (such as maintenance or Service upgrades) or because of an emergency. In these circumstances where possible TSI will give notice to the Customer of any such interruption however, the Customer shall have no claim against TSI for any such interruption.

3.5. Except as otherwise expressly permitted under this Agreement, the Customer may not:

3.5.1. modify the Service without TSI’s prior consent;

3.5.2. redistribute copy or use the Service, or transfer rights to the use of the Service to any third party;

3.5.3. disclose details of the Service, to any third party without TSI’s prior written consent;

3.5.4. use the Service except in conjunction with TSI’s recommended operating guidelines;

3.6. TSI shall use its reasonable endeavours to comply with the Customer’s reasonable requests in respect of installation but TSI or the Third Parties decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the TSI Equipment shall be final and binding.

3.7. TSI shall use all reasonable endeavours to provide and install or procure the provision and installation of the TSI Equipment at the Site so that the Service can be provided on or before any installation date specified or agreed to by TSI. Any installation date is an estimate only and TSI shall not be liable for any failure to meet such date.

3.8. Installation of the Service may be subject to a survey carried out by TSI or the Third Party and the Service may not be provided where the survey carried out, is incomplete or unsatisfactory.

3.9. The customer accepts that the Service is rate adaptive and will run at the most reliable speed available up to the maximum speed that the phone line will reliably support. Speed can be affected by external conditions.

3.10. The customer accepts that peak and sustained throughput rates may be reduced by contention within the network the BT Central or BT Central plus (as applicable) other components sourced by the customer to provide the customer service, end user speed control systems and the internet and by rate adaptation of modems and Line Rate for Max products.

3.11. Until the point of installation of the Telephone Line and subsequent activation, the Calling Line Identity is subject to change.

3.12. Until the point of activation of the broadband service the Fixed IP address(es) and any other details are subject to change. If the supplied details are incorrect it is the responsibility of the Customer to request new details from TSI.

4. Use of the Service

4.1. The Customer must not use the Service:

4.1.1. in a way that does not comply with the terms of any registration or any license applicable to the Customer or that is any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

4.1.2. in connection with the carrying out of a fraud or criminal offence against TSI, or any other public telecommunications operator;

4.1.3. to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights;

4.1.4. to send or procure the sending of any unsolicited advertising or promotional material other than in the case of the Customer to its own customers;

4.1.5. in a way that does not comply with any instructions TSI or a Third Party has given; or

4.1.6. in a way that in TSI’s reasonable opinion could materially affect the quality of any service, including the Service, provided by TSI or a Third Party.

4.1.7. in a way that in TSI’s reasonable opinion could affect the experience of others on the network; including but not limited to; persistent heavy users of the service, who in TSI’s reasonable opinion could be seen to be over-using their contended service, may at TSI’s discretion find their available bandwidth restricted at certain times of the day.

4.2. TSI will be entitled to suspend the Service or terminate the Agreement where TSI, in its absolute discretion, believes the customer is in breach of any provisions of Clause 4.1.

4.3. The Customer acknowledges and accepts the following technical limits relating to the Service:

4.3.1. transmission performance of some metallic local loops will mean it is technically impractical to provide Service to all customers within the Service Availability Area;

4.3.2. the Service is not available to Sites where all or part of the Access Connection is provided over fibre optic cable or radio systems.

4.3.3. that the Service may also affect the performance of some PSTN customer premises equipment.

4.3.4. that some technical limitations may not become apparent until after the Service has been installed and working for some time. In such circumstances the Service for some individuals may need to be withdrawn.

4.3.5. that in the case of any rate-adaptive product, upload speeds and download speeds are dependent on distance from the exchange, atmospheric conditions and quality of the metallic path and may vary without notice to the customer.

4.3.6. Rate adaption can occur several times a day and may cause the link to the DSLAM to reset.

4.3.7. that in the case of any rate adaptive product throughput guarantees will relate only to the actual rated speed of an individual connection, not any implied speed of service.

4.4. In the circumstances referred to in Clause 4.3 TSI will have no liability to the customer relating to the provision of the Service (or TSI’s inability to provide the Service), the performance of the Service, its effect on the other services or equipment or the withdrawal of the Service.

4.5. The Customer will co-operate with TSI’s reasonable requests for information regarding the Customer use of the Service and supply such information without delay.

4.6. The Customer must adhere to the acceptable use of policy as communicated by TSI from time to time.

5. Charges

5.1. The charges for the Service will be calculated in accordance with the TSI Sales Quote, and if no Sales Quote is provided and/or signed to accept then in accordance with the TSI Price List. Charging will begin on the Commencement Date for the Service. Charges will be calculated in accordance with details recorded by, or on behalf of, TSI.

5.2. The Customer will pay the charges within 14 days of the date of TSI’s invoice. TSI may charge daily interest on late payments at a rate equal to 4% per annum above the base-lending rate of the Bank of England and/ or a £15 administration fee is applicable to late payments.

5.3. All charges exclude Value Added Tax (VAT) at the applicable rate, unless stated otherwise.

5.4. TSI may also make an additional charge (on the basis of additional charges detailed in the TSI Price List), on its own behalf or on behalf of a Third Party in the following circumstances: –

5.4.1. an abortive visit charge may be incurred where incorrect information supplied by the Customers means it is technically impractical to provide the Service over the Customers Access Connection;

5.4.2. where it is necessary to relocate the existing telephone master socket to provide the Service;

5.4.3. where TSI or a Third Party are unable to gain access to the Site to carry out installation of the Service or the installation is aborted an abortive visit charge may be payable;

5.4.4. where certain order information provided by the Customer is illegible, inaccurate or incomplete an administration fee will be charged;

5.4.5. where TSI or a Third Party provide the support to the Customer outside its normal support times in supply of the Service;

5.4.6. where a fault relates to equipment other than the supplied Equipment.

5.4.7. where a TSI engineer proves remotely that the service is functioning correctly and subsequently is requested by the Customer to visit a site to investigate a reported problem, and the fault is not found to be with the supplied TSI Equipment

5.5. Prices quoted are dependent on payment by Direct Debit; alternative prices, which may be higher, may be charged until a Direct Debit Instruction is received.

6. Customer Obligations

6.1. To allow the installation and use of the TSI Equipment at the Site, the Customer will at the Customer’s own expense:

6.1.1. obtain all necessary consents, including consents for any necessary alterations to buildings;

6.1.2. take up or remove, any fitted or fixed door coverings, ceiling tiles, suspended ceiling or partition covers, as TSI or a Third Party advises are necessary, and carry out afterwards any making good or decorator’s work required; and

6.1.3. provide any electricity and connection points required by TSI or a Third Party.

6.1.4. The criteria above must be completed in advance of any installation work.

6.2. The TSI Equipment shall remain the property of TSI or the supplier of such equipment (including a Third Party) and the customer shall at all times make clear to third parties that the same is the property of TSI or a third party supplier of such equipment. TSI may modify, substitute, renew or add to the TSI Equipment from time to time at its absolute discretion.

6.3. TSI shall supply the Customer with the relevant information to enable the Customer suitably to prepare the Site for delivery and installation of the TSI Equipment. The Customer shall at their own expense provide suitable accommodation, assistance, facilities and environmental conditions for the TSI Equipment and all necessary electrical and other installations and fittings.

secure electricity supply is required at the Premises for the installation, operation and maintenance of the TSI Equipment at such points and with such connections as specified by TSI. Unless otherwise agreed, this power supply is to be provided by the Customer. TSI shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.

6.4. The Customer is responsible for the TSI Equipment and must not add to, modify or in any way interfere with it nor allow anyone else (other than someone authorised by TSI) to do so. The Customer will be liable to TSI for any loss of or damage to the TSI Equipment, except where such loss or damage is due to fair wear and tear or is caused by TSI, or anyone acting on TSI’s behalf.

6.5. Any Customer Equipment connected to or used with the Service must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment.

6.6. Any equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards.

6.7. To enable TSI out carry out its obligations under this Agreement, the Customer will at all reasonable times provide TSI employees, and anyone acting on TSIs behalf including a Third Party, who produces a valid identity card, with access to any Site and any other premises outside of TSI’s control. TSI will normally only require access during its usual working hours but may, on reasonable notice, require the Customer to provide access at other times. TSI may agree to work outside its usual working hours, but the Customer must pay TSI’s additional charges for doing so as detailed in Clauses and the TSI Price List.

6.8. If through no fault of TSI, TSI is unable to carry out an installation at, or gain access to, the Site or the installation is aborted, TSI will notify the Customer Nominated Contact and may raise an abortive visit charge.

6.9. The Customer hereby irrevocably gives permission to TSI or a Third Party and its employees, agents or contractors to:

6.9.1. execute any works on the Premises for, or in connection with, the installation, maintenance, or removal of the TSI Equipment;

6.9.2. keep and operate telecommunication apparatus installed on, under or over the premises;

6.9.3. enter the Premises to inspect any telecommunication apparatus kept on, the Site or elsewhere for the purposes of providing the Service. Where this Agreement or the Service is terminated for any reason TSI or a Third Party will be entitled to enter the Site to remove the TSI Equipment installed there.

6.10. The Customer undertakes: –

6.10.1. to comply with all instruction TSI may notify to the Customer for use of the TSI Equipment;

6.10.2. not to allow the TSI equipment to be repaired or maintained other than by an authorised representative of TSI;

6.10.3. not to damage the TSI Equipment and not to add, modify or in any way interfere with the TSI Equipment;

6.10.4. not to attempt to sell the TSI Equipment;

6.10.5. not to remove any identification mark affixed to the TSI Equipment showing that it is the property of TSI or other third party supplier of such equipment.

6.10.6. to be responsible for ensuring contract termination with any previous supplier and paying any costs incurred due to breach of an existing supplier contract

6.11. The Customer shall be responsible for the configuration, repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

7. Support of the Service

7.1. Technical support for the service is available by phoning 0333 015 3333 or by sending an e-mail to support@tsicomms.co.uk. Technical support is available during normal TSI office hours (9am to 5pm, Monday to Friday)

8. Intellectual Property Rights

8.1. The Customer acknowledges that the Customer shall have no rights to any intellectual property rights arising as a result of any use of the Service.

8.2. Any and all intellectual property rights used or embodied in or in connection with the Service shall be and remain the sole property of TSI or TSI’s licensors. No title or intellectual property rights therein or in any modification or extension thereof shall pass to the Customer unless specifically stated under the Agreement.

8.3. The Customer acknowledges such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with TSI’s (or any third party suppliers’) title, interests or rights with respect to the Service, including but not limited to, using TSI’s a Third Parties trademark or trade name.

8.4. Where software is provided to enable the Customer or to use the Service, TSI grants the Customer, for the duration of this Agreement, a nonexclusive, non-transferable license to use the software for that purpose.

9. Termination

9.1. The Agreement will have the Minimum Term duration specified in the Sales Quote and, for multi Sites, is applicable on an individual Site-by-Site basis and the contract will then continue for the initial minimum term stipulated within the Sales Quote. For the avoidance of doubt, if not specified on the Sales Quote, the initial minimum term of contract is twenty-four (24) months. At the end of the initial minimum term, the contract will automatically renew for a further period of thirty (30) days, on a rolling thirty (30) day basis, unless we receive prior notice from you giving a minimum of thirty (30) days written notice of your wish to terminate the Service. Such termination is not to take place earlier than the expiry of the current term or renewed term.

9.2. Either party may terminate this Agreement or the Service provided under it immediately, on notice, if the other:

9.2.1. commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within 15 days of a written notice to do so;

9.2.2. commits a material breach of this Contract which cannot be remedied;

9.2.3. is repeatedly in breach of this Contract; or

9.2.4. is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.

9.3. Cancellation in the form of a cease of the Service, placed by either party under terms 12.1 and 12.2, will raise a charge of £40.00 to the customer. Migrations away from the service in the form of a ‘Migration Authority Code’ assisted migration do not attract the cancellation charge.

9.4. . TSI may terminate this Agreement immediately upon written notice to the Customer if:

9.4.1. TSI is informed by a Third Party supporting the Service that a Third Party is required to cease the Service by a competent regulatory authority; or

9.4.2. A Third Party supporting the Service ceases to do so for whatever reason or changes the terms its provision of telecommunications services to TSI for the Service beyond the reasonable control of TSI;

9.4.3. the Customer fails to comply with any of the material terms or conditions of the Agreement and the Customer does not remedy such failure within 15 days of a request to do so.

9.5. Upon termination of this Agreement to Customer shall immediately stop using the Service and the Customer right to use the Service shall immediately terminate.

9.6. If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

10. Successors and Assigns

10.1. TSI may, but the Customer shall not (without the prior written consent of TSI such consent not to be unreasonably withheld or delayed), assign or delegate or otherwise deal with all or any of its rights or obligations under the Agreement.

11. Warranties

11.1. The Service will be provided without warranty or representation of any kind, whether express or implied TSI disclaims and excludes all such warranties and representations including without limitation any warranty or representation that the Service is free of defects, of satisfactory quality, fit for a particular purpose or non-infringing of third party rights. The Customer accepts all risks and liabilities associated with the use of the Service.

12. Limitation of Liability

12.1. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

12.2. Neither party shall be liable in contract, tort, precontact or other representations (other than fraudulent or negligent misrepresentations) arising out of or in connection with this Agreement for;

12.2.1. any economic losses (including, without limitation, loss of revenues, profits, contracts, or business); or

12.2.2. any special, indirect or consequential losses or any destruction of data, arising out of or in connection with the provisions of this Agreement.

12.3. Subject to Clauses 12.1 and 12.2 TSI’s liability to the Customer in contract, tort, negligence, pre-contact or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to the charges paid, by the Customer under this Agreement.

12.4. Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

12.5. The customer indemnifies TSI and its suppliers including a Third Party against any claims or damages arising from the Customers access to the use of the Service and any information, data or material produced, transmitted or downloaded on the Service.

13. Force Majeure

13.1. If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control such as lighting, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving the party’s employees), or acts of local or central Government or other Competent authorities or events beyond the reasonable control of that party’s suppliers, the party will have no liability to the other for that failure to perform.

13.2. If any of the events detailed in paragraph 13.1 continue for more than 3 months either party may serve notice on the other terminating this Contract.

14. Confidentiality and Data Protection

14.1. TSI and the Customer agrees to keep all Confidential Information confidential. This clause shall not apply to information that TSI / Customer can prove: Is in the public domain otherwise than by the either parties breach; it already had in its possession prior to obtaining the information directly or indirectly from the Customer; or a third party subsequently disclosed to the Customer free of restrictions on disclosure and use. This Clause shall survive for three (3) years from when TSI / Customer acquired that Confidential Information.

14.2. TSI may disclose Confidential Information if required to do so by law, regulation or rules of a securities exchange or other regulatory authority, but only to the extent of the relevant requirement. The Customer shall promptly inform the Supplier of the requirement and will co-operate with the Supplier in the disclosure.

14.3. The use of any information may be subject to the General Data Protection Regulation 2018. TSI reserves the right to withhold Calling Line Identification if it believes that the Customer has failed to comply with this Clause or TSI receives a complaint from any relevant authority.

Ethernet Services Terms and Conditions

Download PDF: Ethernet T&Cs

Please note that due the detail of these Terms & Conditions and Service Level Agreement this section is only available to download

Installations Terms and Conditions

Download PDF: Installations Terms & Conditions

1. Definitions

“TSI” means Telephone Systems Installations Limited whose registered office is at 151 Business Design Centre, Upper Street, London, N1 0QH. Registered in England and Wales with Company Registration Number: 3406791 and VAT Number: GB701 9866 25. TSI and TSI Voice & Data are trading names of Telephone Systems Installations Ltd.

“Customer” means the business that places the order and is to be invoiced for the installation.

“Installation” means the installation, connection, configuration and/or supply of the items listed on the Sales Quotation.

“Agreement” means these Terms, together with the Sales Quotation.

“Third Party” means any company that TSI may use to deliver the installation.

“Customer Equipment” means the apparatus belonging to the customer not forming part of the TSI Equipment but which may be connected to the TSI Equipment.

“Sales Quote” means the Sales Quotation provided in advance of an order to detail prices.

“TSI Equipment” means any apparatus or equipment provided by TSI or any Third Party to the customer at the Site to enable provision of the Service under this Agreement.

“Active Equipment” means electronic devices that receive power.

“Site” means the address where the installation is to be received

2. General Conditions

2.1. These conditions shall come into force on our acceptance of your order and shall apply to all orders received whether in writing or otherwise. In case of conflict between these conditions and your conditions of purchaser the terms of your enquiry or order or any correspondence relating thereto these conditions shall prevail except to the extent that these conditions are excluded by specific reference by us in writing. No variation of your order will be recognised unless agreed by us in writing. We reserve the right to cancel your order if you commit an act of bankruptcy or commence winding up by reason of insolvency or make an arrangement for the benefit of creditors.

3. Credit Accounts

3.1. Customers wishing to open a credit account may be requested to provide two trade references and one banker’s reference. Until we have approved a credit account in writing we may ask for payment in part or full before commencing the installation.

4. Settlement Terms

4.1. Payment is due within 30 days from the invoice date. Overdue amounts may automatically accrue interest daily at a standard rate of 4% above the Bank of England’s base rate. We reserve the right to suspend work or orders immediately should an account become overdue.

5. Prices and Price Lists

5.1. All quotations are given at current prices but are subject to alteration with notice in accordance with prices ruling at the time of delivery. All price lists and other advertising matter are intended to present only an indication of the type of goods offered and no price or other particulars contained therein shall be binding on us unless expressly included by reference thereto.

6. Delivery and Work Commencement Dates

6.1. Delivery and dates for commencement of works are given in good faith by us to indicate estimated delivery times and start dates but shall not amount to a contractual obligation to deliver or commence work on the date or time given. No liability for direct or consequential loss or damage arising from delay and delivery will be accepted by us.

6.2. Delivery and or commencement of work dates shall be reasonably extended if delays are caused by industrial disputes or by any cause beyond our reasonable control.

6.3. TSI reserve the right to charge a minimum of 4 hours labour per Technician plus relevant associated costs (travel, congestion charge etc) in any instance where TSI are unable to start their work, or are required to leave and return to site on another day, due to the client misinforming us that they were ready for TSI to commence the installation.

7. Passing of Title

Title to any goods supplied by us shall not pass onto you until we have received in cash or cleared funds payment in full of the price of the goods and services agreed to be sold by us to you for which payment is then due. Should the goods become the constituents of other products / services we shall have legal ownership of such other products as if they were simply and solely the goods being supplied by us. We shall also have the right to enter your premises to recover any goods supplied by us or other products of which the goods have become part in the event of your failure to pay for the goods and / or services so supplied.

8. Legal Construction

8.1. Unless otherwise agreed in writing by one of our partners, the construction validity and performance of any contract arising hereunder shall in all respects be construed and operate in accordance with English Law and shall be subjected to the jurisdiction of the English Courts.

9. Labour Charge

TSI will quote for labour on either a either a pre-agreed Fixed Price or a Time & Materials basis based on the actual costs involved; the method of quoting is to be agreed in advance. The conditions for Labour on a Time & Materials basis is laid out below.

9.1. Labour on a Time and Materials Basis –

9.1.1. A 1st Hour charge is applied for any occasion where a TSI Technician attends a site. The full 1st Hour charge is always applied, including in those instances where the visit is less than 1 hour. The 1st Hour charge is applicable to any site visit, regardless of whether it is the Technician has visited more than one site in a given day.

9.1.2. All work between 08:00 and 17:00 on Monday to Friday is charged at standard time. 30% loading (“Out of Hours”) is applied to any hours worked between 17:00 and 08:00.

9.1.3. 30% loading is added to all work carried out on a Saturday (“Out of Hours”), and 50% loading (“Premium”) is added to all work carried out on a Sunday or Bank Holiday.

9.1.4. Should a Technician work over 5 hours in a given day then a day rate will be applied. Should the Technician work over 9 hours (including break) then overtime is charged in 30 minute increments, at an increased rate should point 10.1.3 apply.

9.1.5. All Technicians travel is calculated from beginning and ending at the TSI Head Office in London. All journey times and mileage is calculated using Google Maps using the most direct route to site, and no additions will be charged for traffic delays or detours. 1 hour will be deducted from the journey to site, and 1 hour for the journey from site to cover the Technicians commute to and from work.

9.1.6. No travel charge is applied to any site within the M25, regardless of the Technicians’ journey to site. Wherever possible TSI will endeavour to reduce the travel charge by using Technicians who live close to each other and can share a vehicle, therefore reducing the mileage charge.

9.1.7. A subsistence charge is applied only if the Technician is required to stay overnight, and if the Technician could not reasonably be expected to travel home due to either distance and/or shift finishing time. The subsistence charge covers hotel costs and provision of an evening meal to the Technician. No additional charge is made in all instances where the actual costs are larger than the subsistence charge.

9.1.8. A fixed fee is applied to cover Flights, Ferry and Train costs and will not be increased in all instances where the actual costs are higher.

9.1.9. A Congestion Charge is applied when a Technician is required to enter the zone. It applies to all TSI vehicles that are required onsite for a given day.

9.1.10. Where the requested works include Active Equipment installation and configuration then Engineer rates are applied

9.1.11. If the Customer does not have a current Service Agreement with TSI then remote system programming and configuration changes are charged at the Engineer ‘Hourly Charge’ rate.

9.2. A Fixed Price quote uses the same conditions and principals as in 9.1 with the exception that the quote is fixed in advance and will not increase or decrease unless otherwise agreed and an additional Sales Quotation will be issued for additional requirements and variations

9.3. Labour charges are calculated based on Schedule of Rates in Appendix 1

10. Health & Safety

10.1. Health and Safety takes priority over all other considerations. TSI will undertake and provide a Risk Assessment and Method Statement (“RAMS”) before commencing any installation. TSI reserve the right to cancel any installation if the site is deemed unsafe and suitable controls cannot be implemented.

11. Successors and Assigns

11.1. TSI may, but the Customer shall not (without the prior written consent of TSI such consent not to be unreasonably withheld or delayed), assign or delegate or otherwise deal with all or any of its rights or obligations under the Agreement.

12. Warranties

12.1. The Service will be provided without warranty or representation of any kind, whether express or implied TSI disclaims and excludes all such warranties and representations including without limitation any warranty or representation that the Service is free of defects, of satisfactory quality, fit for a particular purpose or non-infringing of third party rights. The Customer accepts all risks and liabilities associated with the use of the Service.All TSI equipment installed is covered by the relevant manufacturer warranty. We give no guarantee on goods supplied by us. However notwithstanding the foregoing, we give you a guarantee equivalent to such unexpired portion of the guarantee or warranty (if any) received by us from supplier of such goods. You shall properly use and care for and maintain the goods.

12.2. TSI will make available upon request information on the design, construction and installation of products to ensure that as far as reasonably practicable they are safe and without the risk to health when properly used. It is the responsibility of purchasers to take such steps as are necessary to ensure that appropriate information relevant to the products and their use is made available to the end user. Our liability under these conditions shall be in lieu of any warranty or condition implied by law as to the quality fitness for any particular purpose or merchantable quality of the goods. No statement made or agreed and no liability undertaken orally shall be binding upon us unless confirmed in writing.

12.3. We will guarantee that the work carried out by the company will be to the standard expected of all relevant British/International Standards. Furthermore, we guarantee that for a period of twelve months (or longer if confirmed in writing) we will rectify any faults resulting directly from incorrect or poor workmanship or installation by TSI. We will not be liable for faults caused by negligence, misuse or faulty appliances. We reserve the right to withdraw this guarantee should unauthorised third parties install, alter or tamper with any part of the guaranteed system.

12.4. TSI take no responsibility for Customer Equipment connected to the TSI equipment, other than to ensure that TSI equipment is functioning as it should

13. Limitation of Liability

13.1. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

13.2. Neither party shall be liable in contract, tort, precontact or other representations (other than fraudulent or negligent misrepresentations) arising out of or in connection with this Agreement for;

13.2.1. any economic losses (including, without limitation, loss of revenues, profits, contracts, or business); or

13.2.2. any special, indirect or consequential losses or any destruction of data, arising out of or in connection with the provisions of this Agreement.

13.3. Subject to Clauses 13.1 and 13.2 TSI’s liability to the Customer in contract, tort, negligence, pre-contact or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to the charges paid, by the Customer under this Agreement.

13.4. Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

13.5. The customer indemnifies TSI and its suppliers including a Third Party against any claims or damages arising from the Customers access to the use of the Service and any information, data or material produced, transmitted or downloaded on the Service.

14. Force Majeure

14.1. If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control such as lighting, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving the party’s employees), or acts of local or central Government or other Competent authorities or events beyond the reasonable control of that party’s suppliers, the party will have no liability to the other for that failure to perform.

14.2. If any of the events detailed in paragraph 14.1 continue for more than 3 months either party may serve notice on the other terminating this Contract.

15. Confidentiality and Data Protection

15.1. TSI and the Customer agrees to keep all Confidential Information confidential. This clause shall not apply to information that TSI / Customer can prove: Is in the public domain otherwise than by the either parties breach; it already had in its possession prior to obtaining the information directly or indirectly from the Customer; or a third party subsequently disclosed to the Customer free of restrictions on disclosure and use. This Clause shall survive for three (3) years from when TSI / Customer acquired that Confidential Information.

15.2. TSI may disclose Confidential Information if required to do so by law, regulation or rules of a securities exchange or other regulatory authority, but only to the extent of the relevant requirement. The Customer shall promptly inform the Supplier of the requirement and will co-operate with the Supplier in the disclosure.

15.3. The use of any information, including Calling Line Identification, may be subject to the General Data Protection Regulation 2018. The Supplier reserves the right to withhold Calling Line Identification if it believes that the Customer has failed to comply with this Clause or the Supplier receives a complaint from any relevant authority.

Appendix 1 – Schedule of Rates

Rates increased in October 2023 by average of 5.4%, which is 1.3% below the CPI rate of inflation for the 12 months to September 2023 of 6.7%.

Hosted IP (Cross Connect and CallSwitch) Terms and Conditions

Download PDF: Hosted IP T&C

1. Definitions

“TSI” means Telephone Systems Installations Limited whose registered office is at 151 Business Design Centre, Upper Street, London, N1 0QH. Registered in England and Wales with Company Registration Number: 3406791 and VAT Number: GB701 9866 25. TSI and TSI Voice & Data are trading names of Telephone Systems Installations Ltd.

“Customer” means the business that places the order and uses the services.

“Service” means the installation, connection and supply of a Hosted IP service that may include Cross Connect or CallSwitch.

“Agreement” means these Terms, together with the Sales Quotation.

“Sales Quote” means the Sales Quotation provided in advance of an order to detail prices.

“Third Party” means any company that TSI may use to deliver the Service and may include Netsapiens, TelcoSwitch, Cisco and any other Third Party.

“Commencement Date” means the date when the Service is activated at the site.

“Customer Equipment” means the apparatus belonging to the customer not forming part of the TSI Equipment but which may be connected to the TSI Equipment.

“TSI Price List” means the TSI Call Charges price list in force from time to time and available upon request

“TSI Equipment” means any apparatus or equipment provided by TSI or any Third Party to the customer at the Site to enable provision of the Service under this Agreement.

“Site” means the Customer address where the Service is to be received

2. Commencement and Duration

2.1. This Agreement will commence on the Commencement Date and shall continue for an initial Minimum Term from the Commencement Date as specified in the Sales Quote.

3. Provisions of the Service

3.1. TSI shall provide or procure the provision of the Service to the Customer in accordance with the terms of this Agreement. The Customer acknowledges that it is technically impracticable to provide a fault free service and TSI does not undertake to do so.

3.2. The provision of the Service to the Customer will be subject to the characteristics of the Customers Internet Access where not provided by TSI.

3.3. The provision of the Service is subject to all relevant licenses, infrastructure (or interconnect arrangements) and consents being in place. TSI shall use reasonable endeavours to meet any agreed dates but shall not be liable for failure to meet them. The Customer shall obtain any consent or facility that is necessary or desirable for TSI to provide the Service on the Site.

3.4. Except as otherwise expressly permitted under this Agreement, the Customer may not:

3.4.1. modify the Service without TSI’s prior consent;

3.4.2. redistribute copy or use the Service, or transfer rights to the use of the Service to any third party;

3.4.3. disclose details of the Service, to any third party without TSI’s prior written consent;

3.4.4. use the Service except in conjunction with TSI’s recommended operating guidelines;

3.5. The provision of the Service including number porting may require that BT or other communications provider undertake programming at exchange level. Accordingly, it is agreed that any act, default or delay by BT or other communications provider in carrying out such programming or otherwise relating to or affecting the Service shall not be the responsibility of TSI.

3.6. TSI shall use all reasonable endeavours to provide and install or procure the provision and installation of the TSI Equipment at the Site so that the Service can be provided on or before any installation date specified or agreed to by TSI. Any installation date is an estimate only and TSI shall not be liable for any failure to meet such date.

4. Telephone Numbers

4.1. The Customer does not own any number or have the right to sell the number(s) related to the Service.

4.2. Numbers are not guaranteed until installation

4.3. TSI does not accept any liability for claims relating to the Customer’s ability to use or to continue use of a particular telephone number.

5. Pricing Conditions and Charges

5.1. Local & National calls are numbers beginning 01, 02 and 03 only and do not include Non-geographic numbers (0845, 0870 etc), premium rate numbers (09xx) and Internet access numbers

5.2. Mobile call rates refer to calls to EE (T-Mobile, Orange), Vodafone, O2 and Three (3) only.

5.3. International rates charged under the calling card package are billed per minute.

5.4. Out of bundle charges, where applicable, are applied to all calls unless they are a call to free-phone numbers. A full TSI Price List is available on request.

5.5. The charges for the Service will be calculated in accordance with the TSI Sales Quote and TSI Price List. Charging will begin on the Commencement Date for the Service. Charges will be calculated in accordance with details recorded by, or on behalf of, TSI

5.6. Charges are calculated from data recorded by TSI and not from your own records.

5.7. The Customer will pay the charges within 14 days of the date of TSI’s invoice. TSI may charge daily interest on late payments at a rate equal to 4% per annum above the base-lending rate of the Bank of England and/ or a £15 administration fee is applicable to late payments.

5.8. Where a direct debit is unpaid due to insufficient funds or cancellation, a £6.84 administration charge will be included on your next monthly bill.

5.9. A charge of £6.84 may be charged for restricting outgoing calls due to late payment of an invoice. A charge of up to £20 will be added to your next bill to reinstate services suspended due to continued non-payment of an invoice.

5.10. All TSI charges are subject to VAT at the prevailing rate.

5.11. Rental and service charges are billed one month in advance.

5.12. Prices quoted are dependent on payment by Direct Debit; alternative prices, which may be higher, may be charged until a Direct Debit Instruction is received.

6. Customer Obligations

6.1. TSI agree to provide you with the service as specified on the Sales Quote subject to the provisions of this agreement. Any breach of your responsibilities may result in the suspension or termination of your service without notice. You agree:

6.1.1. To use the services in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services.

6.1.2. Not to allow an alternative supplier to override or bypass our service either through the installation of equipment or through the Openreach local exchange.

6.1.3. To be responsible for ensuring contract termination with any previous supplier and paying any costs incurred due to breach of an existing supplier contract.

6.1.4. To be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier.

6.1.5. Not to use the service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence.

6.2. Where Customer Equipment is used for access TSI are not responsible for the configuration for the router/firewall. The Customer agrees to configure the firewall in line with guidelines provided by TSI including disabling SIP ALG

6.3. To allow the installation and use of the TSI Equipment at the Site, the Customer will at the Customer’s own expense provide any electricity and connection points required by TSI or a Third Party and any Power Over Ethernet Switches and any other LAN equipment as required unless supplied by TSI.

6.4. Unless purchased by the Customer, which may at the Commencement Date or at the end of an amortised period across the Minimum Term, the TSI Equipment shall remain the property of TSI or the supplier of such equipment (including a Third Party) and the customer shall at all times make clear to third parties that the same is the property of TSI or a third party supplier of such equipment. TSI may modify, substitute, renew or add to the TSI Equipment from time to time at its absolute discretion.

6.5. A secure electricity supply is required at the Premises for the installation, operation and maintenance of the TSI Equipment at such points and with such connections as specified by TSI. Unless otherwise agreed, this power supply is to be provided by the Customer. TSI shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.

6.6. The Customer is responsible for TSI’s Equipment and must not add to, modify or in any way interfere with it nor allow anyone else (other than someone authorised by TSI) to do so. The Customer will be liable to TSI for any loss of or damage to the TSI Equipment, except where such loss or damage is due to fair wear and tear or is caused by TSI, or anyone acting on TSI’s behalf.

6.7. Any Customer Equipment connected to or used with the Service must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment.

6.8. Any equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards.

6.9. To enable TSI out carry out its obligations under this Agreement, the Customer will at all reasonable times provide TSI employees and anyone acting on TSI’s behalf including a Third Party, who produces a valid identity card, with access to any Site and any other premises as required. TSI will normally only require access during its usual working hours but may, on reasonable notice, require the Customer to provide access at other times. TSI may agree to work outside its usual working hours, but the Customer must pay TSI’s additional charges for doing so.

6.10. If through no fault of TSI, TSI is unable to carry out an installation at, or gain access to, the Site or the installation is aborted, TSI will notify the Customer Nominated Contact and may raise an abortive visit charge.

6.11. The Customer hereby irrevocably gives permission to TSI or a Third Party and its employees, agents or contractors to:

6.11.1. execute any works on the Premises for, or in connection with, the installation, maintenance, or removal of the TSI Equipment;

6.11.2. keep and operate telecommunication apparatus installed on, under or over the premises;

6.11.3. enter the Premises to inspect any telecommunication apparatus kept on the Site or elsewhere for the purposes of providing the Service. Where this Agreement or the Service is terminated for any reason TSI or a Third Party will be entitled to enter the Site to remove the TSI Equipment installed there.

6.12. The Customer undertakes:

6.12.1. to comply with all instruction TSI may notify to the Customer for use of the TSI Equipment;

6.12.2. not to allow the TSI equipment to be repaired or maintained other than by an authorised representative of TSI;

6.12.3. not to damage the TSI Equipment and not to add, modify or in any way interfere with the TSI Equipment;

6.12.4. not to attempt to sell the TSI Equipment;

6.12.5. not to remove any identification mark affixed to the TSI Equipment showing that it is the property of TSI or other third party supplier of such equipment.

6.12.6. The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

7. Termination of Service

7.1. The Agreement will have the duration specified in the Sales Quote and, for multi Sites, is applicable on an individual Site-by-Site basis and the contract will then continue for the initial minimum term stipulated within the Sales Quote. For the avoidance of doubt, if not specified on the Sales Quote, the initial minimum term of contract is thirty-six (36) months. At the end of the initial minimum term, the contract will automatically renew for a further period of thirty (30) days, on a rolling thirty (30) day basis, unless we receive prior notice from you giving a minimum of thirty (30) days written notice of your wish to terminate the Service. Such termination is not to take place earlier than the expiry of the current term or renewed term.

7.2. If the agreement is terminated before expiry of the Minimum Term you will:

7.2.1. Immediately pay any outstanding invoices and rental charges for the full remaining period of the contract.

7.2.2. Reimburse TSI for any costs paid by TSI towards the cost of releasing you from your contractual obligations with BT or any other network provider prior to transferring TSI’s service (if applicable)

7.2.3. Reimburse TSI for the cost of any equipment provided free of charge (if applicable)

7.2.4. Pay us (in addition to the above clauses) a disconnection fee of 1 (one) month’s rental charges should you terminate your contract without notice.

7.3. Either party may terminate this Agreement or the Service provided under it immediately, on notice, if the other:

7.3.1. commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within 15 days of a written notice to do so;

7.3.2. commits a material breach of this Contract which cannot be remedied;

7.3.3. is repeatedly in breach of this Contract; or

7.3.4. is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.

7.4. TSI may terminate this Agreement immediately upon written notice to the Customer if:

7.4.1. TSI is informed a Third Party supporting the Service that the Third Party is required to cease the Service by a competent regulatory authority; or

7.4.2. A Third Party supporting the Service ceases to do so for whatever reason or changes the terms its provision of telecommunications services to TSI for the Service beyond the reasonable control of TSI;

7.4.3. the Customer fails to comply with any of the material terms or conditions of the Agreement and the Customer does not remedy such failure within 15 days of a request to do so.

7.4.4. Upon termination of this Agreement to Customer shall immediately stop using the Service and the Customer right to use the Service shall immediately terminate.

7.4.5. If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

8. Support of the Service

8.1. Technical support for the service is available by phoning 0333 015 3333 or by sending an e-mail to support@tsicomms.co.uk. Technical support is available during normal TSI office hours (9am to 5pm, Monday to Friday)

8.2. The Customer shall report any fault to TSI using the details in 8.1. Where no TSI Equipment is installed or internet access is not supplied by TSI, TSI may request that the Customer first have its designated maintainer check the Customer’s equipment. If TSI agrees to fix a fault that is caused by the Customer or that otherwise falls outside the responsibility of TSI or where no fault is found, TSI may charge the Customer for any work that it has undertaken at its applicable rate.

8.3. TSI provided equipment is supplied with a 12 month manufacturer’s warranty only

8.4. Service availability relates to the core hosted services and does not include access or local CPE elements. Where access is not provided by TSI please refer to your provider for support.

9. Suspension of Service

9.1. We may suspend the service (without being liable to compensate you):

9.1.1. In the event of a local or national emergency.

9.1.2. To comply with a request from a government or other competent authority.

9.1.3. To protect or provide service to rescue or other essential services or otherwise.

9.1.4. To maintain the quality of our services.

9.1.5. If we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice).

9.1.6. If an event occurs which is beyond our reasonable control.

9.1.7. If you break any part of this agreement.

9.1.8. If we have good reason to suspect fraudulent activity or misuse of our services or any other breach by you of this agreement.

10. Intellectual Property Rights

10.1. The Customer acknowledges that the Customer shall have no rights to any intellectual property rights arising as a result of any use of the Service.

10.2. Any and all intellectual property rights used or embodied in or in connection with the Service shall be and remain the sole property of TSI or TSI’s licensors. No title or intellectual property rights therein or in any modification or extension thereof shall pass to the Customer unless specifically stated under the Agreement.

10.3. The Customer acknowledges such title, interest and rights and the Customer shall not take any action to jeopardize, limit or interfere in any manner with TSI’s (or any third party suppliers’) title, interests or rights with respect to the Service, including but not limited to, using TSI’s or BT’s or CallSwitch or Cisco Broadcloud’s trademark or trade name.

10.4. Where software is provided to enable the Customer or to use the Service, TSI grants the Customer, for the duration of this Agreement, a nonexclusive, non-transferable license to use the software for that purpose.

11. Successors and Assigns

11.1. TSI may, but the Customer shall not (without the prior written consent of TSI such consent not to be unreasonably withheld or delayed), assign or delegate or otherwise deal with all or any of its rights or obligations under the Agreement.

12. Warranties

12.1. The Service will be provided without warranty or representation of any kind, whether express or implied TSI disclaims and excludes all such warranties and representations including without limitation any warranty or representation that the Service is free of defects, of satisfactory quality, fit for a particular purpose or non-infringing of third party rights. The Customer accepts all risks and liabilities associated with the use of the Service.

13. Limitation of Liability

13.1. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

13.2. Neither party shall be liable in contract, tort, precontact or other representations (other than fraudulent or negligent misrepresentations) arising out of or in connection with this Agreement for;

13.2.1. any economic losses (including, without limitation, loss of revenues, profits, contracts, or business); or

13.2.2. any special, indirect or consequential losses or any destruction of data, arising out of or in connection with the provisions of this Agreement.

13.3. Subject to Clauses 13.1 and 13.2 TSI’s liability to the Customer in contract, tort, negligence, pre-contact or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to the charges paid, by the Customer under this Agreement.

13.4. Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

13.5. The customer indemnifies TSI and its suppliers including a Third Party against any claims or damages arising from the Customers access to the use of the Service and any information, data or material produced, transmitted or downloaded on the Service.

14. Force Majeure

14.1. If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control such as lighting, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving the party’s employees), or acts of local or central Government or other Competent authorities or events beyond the reasonable control of that party’s suppliers, the party will have no liability to the other for that failure to perform.

14.2. If any of the events detailed in paragraph 14.1 continue for more than 3 months either party may serve notice on the other terminating this Contract.

15. Confidentiality and Data Protection

15.1. TSI and the Customer agrees to keep all Confidential Information confidential. This clause shall not apply to information that TSI / Customer can prove: Is in the public domain otherwise than by the either parties breach; it already had in its possession prior to obtaining the information directly or indirectly from the Customer; or a third party subsequently disclosed to the Customer free of restrictions on disclosure and use. This Clause shall survive for three (3) years from when TSI / Customer acquired that Confidential Information.

15.2. TSI may disclose Confidential Information if required to do so by law, regulation or rules of a securities exchange or other regulatory authority, but only to the extent of the relevant requirement. The Customer shall promptly inform the Supplier of the requirement and will co-operate with the Supplier in the disclosure.

15.3. The use of any information, including Calling Line Identification, may be subject to the General Data Protection Regulation 2018. TSI reserves the right to withhold Calling Line Identification if it believes that the Customer has failed to comply with this Clause or TSI receives a complaint from any relevant authority.